Bovee Fire Fence Removal and Reconstruction_12363N23Q4177.doc

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12363N23Q4177

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/05/2023

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

1098731

6. PROJECT NUMBER

7. ISSUED BY

CODE

USDA - Forest Service National Stewardship IRSC PPS 1400 Independence Ave, SW

MS-1138

Washington, DC 20250-1138 USDA - Forest Service National Stewardship IRSC PPS Email Only to: darren.zychek@usda.gov

9. FOR INFORMATION

CALL:

a. NAME

Darren Zychek

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) darren.zychek@usda.gov

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

Bovee Fire Fence Removal & Reconstruction Bessey Ranger District Nebraska National Forest

Thomas County, NE Project Magnitude The estimated price magnitude is:

Between $500,000 and $1,000,000.

Offers are Due: 3 July 2023 at 2:30 PM (Pacific) Submit Proposals to: darren.zychek@usda.gov

1.) SF-1442

2.) Schedule B – Items

3.) Technical Proposal – Section M

11. The Contractor shall begin performance within 10 calendar days and complete it within 10 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, Clause 52.211-10)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12b.)

YES

NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a.

Sealed offers in original and *** copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

b.

An offer guarantee is, is not required. (If “is required” see AGAR Clause 452.228-70) c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NUMBER (Include area code)

Duns No./UEI _________________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE

20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

USDA - Forest Service National Stewardship IRSC PPS

1400 Independence Ave, SW

MS-1138

Washington, DC 20250-1138

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __1__ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Bovee Fire Fence Removal & Reconstruction Nebraska National Forest

Thomas County, NE B- 1 Schedule of Items

See Options 1-3

GRAND TOTAL

(All options included)

Total:

AQ – Actual Quantity CQ – Contract Quantity LSQ – Lump Sum Quantity

* Designated Method of Measurement B- 2 Optional Items Special Notes: Schedule items should work in order of the priorities. The “2023 BAR Fence Contract Priority Map_BRD.pdf” shows the fence lines by priorities. Each priority and options are a different color. All of priority 1 is checkered, but the options are different colors; option 1 is white, option 2 is yellow, and option 3 is purple. Priority 2 is spotted yellow, priority 3 is pink, and priority 4 is white. Each priority includes removal and reconstruction of the corresponding fence line highlighted in the map. Priority 1 should be done with each option that is awarded. Once Priority 1 fence lines are completely removed and rebuilt then the contractor should start working on Priority 2 and continue in numeric order till priority 4 is completed. For the priorities with more than one fence line highlighted on the map, the contractor can choose which area within that priority to start at. In the scope of work It is stated that “The Contractor will not remove more than 21,050 feet or approximately 4 miles of fence before constructing the new fence.” Added to make sure the contractor does not remove too much of the fence line without rebuilding so that the contractor does not lose sight of where the old fence was. Contractor must rebuild the new fence exactly where the old fence was located.

B- 3 Written Acceptance Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

B -4 Prebid Tour

Date: 8 June 2023

Time: 1:00 PM (Central Time)

Location:

Bessey Ranger District Office (in front of the park area).

40637 River Loop Rd Halsey, NE 69142 B- 5 Basis of Award

One award will be made. Offer of award will be made to the Offeror whose Offer, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The technical proposal will be used as part of this evaluation.

B-6 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

General Specifications

C- 1 Scope of Contract

SCOPE OF CONTRACT:

This contract consists of removing fence damaged by the Bovee wildfire by pulling any remaining post, picking post up that are on the ground, rolling up wire, and removing all the damaged material off the forest to be disposed of properly. This contract also consists of construction of new fence exactly where the old fence was and to the specifications in the attached “Fence Specification” document.

Contractor is responsible to supply the labor, tools, equipment, etc. necessary to complete the work. Contractor is responsible to supply all fence materials. Scope of work includes, but is not limited to; clearing and grubbing, fence and gate installation, and disposal of project generated waste off of Forest Service property in compliance with local, state, and federal laws.

C- 2 Location and Description

This projected is within in the boundaries of the Bovee Fire area on the Bessey National Forest. There is approximately 16 miles of fence that needs to be removed and rebuilt. This project is broken down into priority areas as shown in the attached map. The attached map is for reference only and the number of feet may not be exact. The fence will be rebuilt exactly where the old fence was. This project area contains limited access areas. In these areas the Contractor shall select a method of travel (motorized, foot, etc..) in meeting the contract specifications.

See attached drawings for vicinity map.

C- 3 Price Range FAR 36.204 Disclosure of the magnitude of construction projects

The Government’s estimate is between $500,000 and $1,000,000.

C- 4 Biobased Product Utilization The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Fertilizers Dust Suppressants 2-Cycle Engine Oil

Penetrating Lubricants Hydraulic Fluids Greases

Concrete and Asphalt Release Fluids Absorbents Wood and Concrete Sealers

Diesel Fuel Additives

Hydraulic Fluids Penetrating Lubricants Diesel Fuel Additives

Multi-purpose Lubricants Degreasers Lube Chain Lubricants

Glass Cleaners Chain Bar Lubricants All Purpose Cleaners

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see Experience Questionnaire, pages **).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2 and Section L, FAR Provision 52.223-1).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

C- 5 Government-Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

No Government Furnished Property will be used on this contract.

C- 6 Government Quality Assurance

Quality assurance will be performed by the Government during the contract at regular intervals. Methods may include visual survey and review of Contractor quality control documents. Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

C- 7 Contractor Quality Control

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

A description of the site specific quality control inspection plan shall be provided within thirty (30) days of contract award. The plan shall include; (1) control procedures for security of Government-provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet quality standards; and (4) a customer comments feedback system. Reference Section M for Evaluation Factors and Subfactors for the Quality Control Plan.

C-8 Prosecution of Work

FENCE REMOVAL SPECIFICATIONS:

The Contractor is responsible for providing all materials, equipment, and labor for fence removal. All old fence material will be removed and taken off the Forest. Fence post will be completely pulled out of the ground and removed. Wire will be rolled up and stray pieces picked up and removed from the Forest. No material from the old fence may be used in the construction of the new fence. The Contractor is responsible for keeping records of how many feet of fence they remove.

FENCE CONSTRUCTION SPECIFICATIONS:

The Contractor is responsible for providing all materials, equipment, and labor for fence construction. All materials used will be new materials. Fence construction specifications found in the attached “Fence Specifications” document must be followed. Once the fence has been completed, the general area should be cleaned up to present a finished appearance. All debris and material not utilized shall be removed. All trash from construction, including worker’s trash, must be cleaned up. The new fence will be built exactly where the old fence was located, even if that requires cutting branches out of the way, removing fallen trees, or construction on rugged terrain. No trees, alive or dead, are considered suitable for fence post. The Contractor is responsible for keeping records of how many feet of fence they construct.

INSPECTION OF WORKSITE:

The Contractor acknowledges that they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

RECYCLING AND DISPOSAL OF REFUSE:

Excess or waste materials resulting from construction operations or fence removal shall become the property of the Contractor and shall be recycled and/or disposed of. All disposals shall be conducted in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

SAFETY:

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction. Smoking will not be permitted in any building or structure. The Contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area. All equipment used in treatment will have adequate fire extinguishers and other fire prevention mechanisms. Work will not be done during red flag or high fire risk days or times of day, unless done in an area void of vegetation. There are burned trees within this project area. The Contractors should use caution when working under and in proximity to dead trees.

ACCESS TO PROJECT AREA:

Access to the project areas requires travel and treatment operations on or near: paved roads, graveled county roads, and non-graveled two track Forest Service roads. The project areas may be along or away from roads and within areas with no developed road access. Access is allowed off designated routes as displayed in the Nebraska National Forest’s Motorized Vehicle Use Map by authorization only issued by the Bessey Ranger District Ranger. Your access must be timed such that road or trail surfaces are not subjected to unreasonable resource damage.

STORING OF MATERIAL AND EQUIPMENT:

The Contractor can store all fence materials and equipment on the Forest in locations preapproved by the Forest Service. The Forest Service is not responsible for any materials or equipment lost, stolen or damaged.

PROJECT COMPLETION DEADLINE:

The completion date for this project is May 31, 2024. If this date needs to be changed due to circumstances outside of the Contractor’s control, the Forest Service can adjust this deadline. The Contractor will construct the fence as they remove at the ability they see fit. The Contractor will not remove more than 21,050 feet or approximately 4 miles of fence before constructing the new fence.

STANDARD DEFINITIONS:

ACCEPTABLE QUALITY LEVEL (AQL):

The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a Contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

DEFECTIVE SERVICE:

A unit of service which contains one or more defects, or nonconformance with specified requirements.

PERFORMANCE REQUIREMENTS SUMMARY (PRS):

Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the Contractor.

QUALITY ASSURANCE:

Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

CONTRACTING OFFICER’S REPRESENTATIVE (COR):

A government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

GOVERNMENT INSPECTOR:

A government person responsible for surveillance of Contractor performance.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):

An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the Contractor.

RANDOM SAMPLING:

A sampling method in which each service output in a unit has an equal chance of being selected.

SECTION 4: PACKING AND MARKING

PACKING AND MARKING:

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

PROJECT LABELING FOR OFFICIAL CORRESPONDENCE:

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION 5: CONTRACTOR FURNISHED ITEMS/SERVICES

CONTRACTORS FURNISHES:

The Contractor shall furnish everything required to perform this contract.

GOVERNMENT FURNISHES:

The Government will provide the following item(s) to the Contractor for use in the performance of this contract: Map(s) showing fence to be removed and reconstructed by priority, Forest boundaries, and roads open for travel.

SECTION 6: PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS:

The Contractor shall provide the following submittals:

QUALITY CONTROL PLAN (QCP):

The Contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The QCP includes the Contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed. No work may start until the Contractor’s Quality Control Plan is submitted and accepted by the Government, and the Notice to Proceed is issued.

WORK PLAN:

The Work Plan shall describe how the Contractor plans to perform the project, including methods, personnel certifications, and list of equipment by make and model. No work may start until the Contractor’s Work Plan is to be submitted 5 days prior and accepted by the Government and the Notice to Proceed is issued.

PROGRESS SCHEDULE:

The Contractor shall prepare and submit a practical schedule showing the order in which the Contractor will perform the work and the dates on which the Contractor contemplates starting and completing each task. No work may start until the Contractor’s Progress Schedule is submitted to and accepted by the Government, and the Notice to Proceed is issued.

SECTION 7: GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

TECHNICAL SPECIFICATIONS AND ATTACHEMNTS:

Contractor shall comply with all federal, state, and local rules, regulations, and laws pertaining to the work required by this contract.

Contractor shall ensure all equipment moved onto National Forest System land is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service may request inspection of equipment prior to it being placed into service.

Payment for the project will be based on feet of damaged fence removed and feet of fence constructed.

All equipment used in treatment will have adequate fire extinguishers and other fire prevention mechanisms. Removal and construction of fence will not take place on red flag days or days or time of day where there is a high risk of fire.

SECTION 8: PERFORMANCE REQUIREMENTS SUMMARY

100% follow task order direction.

Payment will be deducted in accordance with G.5 Payments.

Poor performance rating.

Construction takes place exactly where old fence was and with gates in the same location.

Checking compliance of Contractor fence materials.

Rework at Contractor’s expense.

Payment will be deducted in accordance with G.5 Payments.

Poor performance rating.

Rework at Contractor’s expense.

Payment will be deducted in accordance with G.5 Payments.

Poor performance rating.

On-site records of all quality control inspections are submitted weekly.

On-site records of all quality control inspections are submitted weekly.

C-9

APPLICABLE SPECIFICATIONS AND MATERIAL CERTIFICATIONS LISTED

(a) Applicable Specifications:

References to Standard Specifications in the contract refer to the Forest Service Standard Specifications for Construction of FENCING.

The project Supplemental Specifications are also given on the Specification List but are attached in Section J. All requirements contained on the Specification List are hereby made a part of this solicitation and any resultant contract.

File: 2023 BAR Fence Construction Specifications_BRD.pdf

(b) Shop Drawing Submittals:

Shop drawings, where required, are to be submitted to the COR and CO.

C-10 Attachments To Statement Of Work/Specifications (AGAR 452.211-73)

(FEB 1988)

The attachments to the Statement of Work/Specifications, listed in Section J, are hereby made part of this solicitation and any resultant contract.

C-11 Construction Plans Copies of the plans pertinent to this project have been attached in section J.

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

E- 1 Quality Assurance Inspections

(a) The Government will perform periodic review of the Contractor's Quality Control Procedures, Plan, Inspection Reports, and customer comments.

(b) Quality Assurance Inspections will be made by random sampling or entire inspection of the work, and follow up of customer comments. When validating customer comments, the possible cause of unacceptable performance will be determined. If any Government action or lack of action was the cause, the complaint is not valid and deficiencies shall not be counted against the Contractor.

(c) Periodic means one (1) review each month, but may be done more frequently if necessary.

(d) Work that does not meet the contract requirements will be brought to the Contractor's attention. Contractor will bear all cost and responsibility for rework, if and where determined.

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.242-15 Stop Work Order (AUG 1989) F- 1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the date the Contractor receives the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Estimated start work date:

7 July 2023 F- 4 AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from __Date of Award______ to __31 May 2024____________.

PART I - THE SCHEDULE

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of the pre-work meeting.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G- 2 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

FAR 4.1102 Contractors must be “active” in the System for Award Management at the time of receipt of offer to be considered for the selection and award. Failure to be “active” will preclude a technical rating of unacceptable. Please monitor your SAM.gov profile to ensure an “active” rating through the submission of the offer.

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) H- 1 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __Site Superintendent_____

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 2

LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(c) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(d) Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on Project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

(e) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a professional engineer registered in Washington State.

CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. "Off-road Equipment" includes all machinery other than log trucks, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements in the LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review within 5 working days of the notice to proceed. See C.5 (e) for review requirements. The plan shall distinguish between short-term shut-downs caused by intermittent weather activity and longer-term shut-downs associated with the advent of winter. If rejected by the Contracting Officer, the Contractor shall revise the plan and re-submit it for consideration within 3 working days of verbal or written notification by the Contracting Officer. The Contractor shall take action consistent with the plan before suspending activity on the site(s). Acceptance of the plan by the Contracting Officer in no way waives any of the requirements of the LANDSCAPE PRESERVATION clause.

H-3 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 4 Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H- 5 Weed-Free Equipment In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

H-6 Personal Protective Equipment

(a) The Contractor will train in the safe operation and use of equipment to all workers using such equipment.

(b) Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

(c) Defective or damaged personal protective equipment shall not be used.

(d) The Contractor shall provide, at no cost to the employee, to each employee who operates a chain saw, chain saw chaps and assure the chaps are worn during saw operations. These chaps must be approved by Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh to the top of the boot on each leg.

(e) The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support. Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

(f) The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

(g) The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

(h) The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.

H-7 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system.

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative may be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation may be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H-8 Prework Conference

Prior to commencement of work, the Contracting Officer or Contracting Officer Representative will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

H-9

USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes.

(b) A storage site may be permitted within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) Permanent and temporary electrical power is not available on site for construction use.

(d) Sanitary facilities are required and are to be provided by the Contractor on the first day of work.

(e) Potable and non-potable water is to be provided by the Contractor.

H-10

DEFINITIONS AND ABBREVIATIONS

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

Building Limits - A line 5 feet outside foundations of the structure.

Calendar Day - Every day shown on the calendar, Sundays and holidays included.

Change Order - A written order issued by the Contracting Officer, to the Contractor documenting modifications within the scope of the contract.

Contract Amendment - A bilateral written supplemental agreement between the Government and the Contractor.

Contract Time - The number of calendar days allowed by the contract for the completion of the work.

Contracting Officer's Representative (COR) - The duly authorized representative of the Contracting Officer, responsible for on-site administration of the contract within the limits of specific written delegation of authority.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Forest Supervisor - The person, or designated representative, responsible for administration of a National Forest.

Inspector - The Government authorized representative designated in writing by the COR responsible for detailed inspections of contract performance, within delegation of authority.

Materials - Any substances specified for use in the construction of the project and its appurtenances.

Notice of Non-Compliance - Written notice issued detailing specific area(s) of Non-Compliance with contract requirements.

Original Contract Quantities - Those quantities shown in the Schedule…